McNamara v. Coughlin

OPINION OF THE COURT

Phyllis Gangel-Jacob, J.

In this CPLR article 78 proceeding petitioner, the brother of a homicide victim, seeks certain relief against officials of the New York State Department of Correctional Services (DOCS) with respect to the temporary release privileges granted to his brother’s convicted killer. This proceeding was originally commenced in September 1993. Respondents moved in the first instance to dismiss the proceeding. By decision and order dated June 15, 1994, I denied that motion and set the matter down for a hearing. By stipulation of the parties the hearing was…